By McKay Law TX – East Texas’s Premier Motorcycle Accident Attorneys
When you’re injured in a motorcycle crash in East Texas, three critical factors determine whether you receive fair compensation or become another statistic of insurance company tactics: knowing your legal rights under Texas law, understanding what your case is truly worth, and overcoming systematic anti-motorcycle bias.
McKay Law TX has secured over $28 million in motorcycle accident settlements and verdicts across East Texas by mastering these three pillars. This comprehensive guide provides the insider knowledge every rider needs when facing the aftermath of a devastating crash.
Part 1: Texas Motorcycle Laws Every Rider Should Know
Understanding Your Legal Rights After a Crash
Texas law provides specific protections for motorcyclists—but insurance companies won’t tell you about them. McKay Law’s deep knowledge of Texas motorcycle statutes has proven decisive in hundreds of cases where adjusters tried to exploit riders’ lack of legal knowledge.
Texas Helmet Law: What You Must Know
The Law: Texas Transportation Code § 661.003 requires motorcycle operators and passengers to wear helmets unless:
- Rider is 21 years or older, AND
- Has completed a motorcycle safety course approved by DPS, OR
- Is covered by health insurance policy providing at least $10,000 in medical benefits
Why This Matters in Your Case:
Scenario 1 – You Were Wearing a Helmet: Even with a helmet, you can sustain catastrophic injuries. McKay Law’s forensic helmet examination has proven in multiple cases that:
- Helmets prevented even worse injuries (supporting higher damages)
- Proper helmet usage demonstrates responsible riding behavior
- Helmet damage patterns reveal impact forces and fault
Case Example: Smith County motorcyclist wearing DOT-approved full-face helmet still suffered traumatic brain injury when car turned left. Insurance claimed helmet “should have prevented injury.” Our expert testimony proved the impact forces exceeded any helmet’s protective capability. Settlement: $3.2 million.
Scenario 2 – You Weren’t Wearing a Helmet: Insurance companies will attempt to reduce your compensation by claiming injuries resulted from not wearing a helmet—even when helmet usage wouldn’t have prevented the specific injuries.
McKay Law’s Defense Strategy:
- Medical expert testimony proving which injuries would have occurred regardless
- Biomechanical analysis showing helmet wouldn’t have prevented specific trauma
- Evidence that many injuries (broken bones, internal organs, road rash) are unrelated to helmet usage
- Focus on driver’s negligence causing the accident
Case Example: Gregg County rider without helmet (legally exempt – had completed safety course) suffered multiple fractures when vehicle ran red light. Insurance offered $200,000, claiming helmet would have “reduced injuries.” Our medical experts proved fractures were completely unrelated to head protection. Settlement: $1.9 million.
Critical Legal Point: Texas follows a “modified comparative negligence” rule. Even if you weren’t wearing a helmet when not legally required, this doesn’t automatically reduce your recovery. McKay Law’s expertise in presenting medical causation evidence has consistently overcome helmet-based defenses.
Texas Lane Positioning and “Lane Splitting” Laws
The Law: Texas law does NOT permit “lane splitting” (riding between lanes of stopped/slow traffic). However, Texas law DOES allow:
- Lane positioning within your lane – Riding in left, center, or right portion of your lane
- Two motorcycles sharing a lane side-by-side (with both riders’ consent)
- Full use of your lane – Motorcycles are entitled to the full width of a traffic lane
Texas Transportation Code § 545.060: “An operator on a roadway divided into two or more clearly marked lanes for traffic shall drive as nearly as practical entirely within a single lane.”
Critical Distinction Insurance Companies Exploit: Adjusters often confuse legal lane positioning with illegal lane splitting to claim rider fault.
Case Example: Tyler motorcyclist was traveling in the left portion of his lane (legal positioning for visibility and escape route). After left-turn collision, insurance claimed rider was “improperly positioned” and “lane splitting.” Our expert testimony on proper motorcycle lane positioning educated the jury. Verdict: $2.8 million.
McKay Law’s Expertise:
- Motorcycle safety instructors testify on proper lane positioning
- Video evidence and accident reconstruction showing legal lane usage
- Texas DPS motorcycle training materials supporting positioning
- Education of judges and juries on motorcycle-specific traffic rules
Texas Motorcycle Licensing Requirements
The Law:
- Class M license required for motorcycle operation
- Can be obtained as standalone or endorsement on existing license
- Written test + skills test required
- Completion of approved safety course waives skills test requirement
Why This Matters: Valid licensing demonstrates competence and responsibility. McKay Law uses licensing evidence to:
- Prove rider’s training and skill
- Counter claims of “inexperienced rider”
- Show commitment to safe riding practices
- Establish credibility with juries
Defense Against Invalid License Claims: Even if you were riding with expired or suspended license, this doesn’t establish fault for the accident. McKay Law has successfully argued that licensing status is irrelevant when the other driver’s negligence caused the crash.
Case Example: Henderson rider with suspended license (unrelated traffic ticket) was rear-ended at stoplight. Insurance claimed suspended license meant “shouldn’t have been on road.” We argued driver’s failure to stop caused accident regardless of rider’s license status. Settlement: $1.4 million.
Texas Motorcycle Insurance Requirements
The Law: Texas requires minimum liability coverage:
- $30,000 per person for bodily injury
- $60,000 per accident for bodily injury (multiple people)
- $25,000 per accident for property damage
Critical Gap Most Riders Don’t Know: These minimums are woefully inadequate for motorcycle accident injuries. Catastrophic injuries often exceed policy limits, leaving riders undercompensated.
McKay Law’s Solution: Policy Limit Expansion We investigate all potential insurance sources:
- At-Fault Driver’s Policy
- Auto liability coverage
- Umbrella policies
- Homeowner’s policies (in some circumstances)
- Your Own Coverage
- Uninsured/Underinsured Motorist (UM/UIM) coverage
- Medical Payments (MedPay)
- Personal Injury Protection (PIP)
- Collision coverage for bike damage
- Third-Party Coverage
- Employer coverage (if driver was working)
- Vehicle owner coverage (if driver borrowed vehicle)
- Business policies
- Government entity coverage (road defects)
Case Study – Policy Limit Expansion: Longview motorcyclist struck by driver with minimum $30,000 policy. Injuries totaled over $500,000. McKay Law’s investigation revealed:
- Driver was using employer’s vehicle (commercial policy: $1 million)
- Rider’s UM/UIM coverage: $100,000
- Driver’s homeowner’s umbrella policy: $500,000
- Total recovery: $1.6 million (53x the original policy limit)
Texas Comparative Negligence Law: Critical for Motorcycle Cases
The Law: Texas Transportation Code § 33.001 – Modified Comparative Negligence Rule
- You can recover damages even if partially at fault
- Your recovery is reduced by your percentage of fault
- BUT if you are 51% or more at fault, you recover NOTHING
Why This Is Critical for Motorcyclists: Insurance companies routinely assign inflated fault percentages to riders, knowing that if they can claim 51%+ rider fault, they pay nothing.
Common False Fault Claims Against Riders:
- “Motorcycle was speeding” (without evidence)
- “Rider was weaving between lanes” (confusing legal positioning)
- “Motorcycle came out of nowhere” (driver’s failure to see)
- “Rider should have avoided it” (unrealistic expectations)
McKay Law’s Fault Defense Strategy:
Evidence-Based Fault Determination:
- ECM/black box data proving actual speeds
- Video footage showing proper riding
- Accident reconstruction proving unavoidable collision
- Expert testimony on motorcycle capabilities and limitations
- Witness interviews before bias influences memory
Case Example – Overcoming False Fault: Marshall motorcyclist in multi-vehicle crash. Police report assigned 60% fault to rider (above 51% bar). Insurance denied claim. McKay Law’s investigation revealed:
- Traffic camera showed car changed lanes illegally
- Rider was maintaining lane properly
- Speeds proved rider wasn’t “racing”
- Revised fault determination: Driver 90%, Rider 10%
- Settlement: $4.2 million (reduced by 10% to $3.78 million actual recovery)
The $2.4 Million Difference: If we hadn’t overcome the initial 60% fault assignment, our client would have received $0. Our evidence-based fault reduction resulted in $3.78 million recovery.
Right-of-Way Laws: Protecting Motorcyclists
Texas Transportation Code § 545.151-156: Motorcycles have the same right-of-way as other vehicles. Common violations that cause motorcycle crashes:
Left-Turn Violations (§ 545.151):
- Drivers must yield to oncoming traffic when turning left
- Most common motorcycle accident scenario
- Driver’s “I didn’t see the motorcycle” is NOT a legal defense
McKay Law’s Approach: We prove visibility and driver’s legal duty regardless of whether they “saw” the motorcycle.
Case Example: Tyler intersection – driver turned left in front of motorcycle with clear 300-foot sight line. Driver claimed “sun in my eyes.” Our sight-line analysis proved motorcycle was visible. Driver had duty to not turn if visibility was impaired. Settlement: $2.8 million.
Intersection Right-of-Way (§ 545.152):
- Vehicle approaching intersection must yield to vehicle already in intersection
- Applies equally to motorcycles
- “Didn’t see motorcycle” doesn’t negate this duty
Yield Sign Violations (§ 545.155):
- Driver at yield sign must yield to all traffic
- Particularly dangerous for motorcycles due to size/visibility
- Failure to yield is automatic negligence
Stop Sign Violations (§ 545.156):
- Driver must stop, then yield right-of-way
- Rolling stops that cause motorcycle crashes = clear liability
McKay Law’s Success Rate: In right-of-way violation cases, we have achieved favorable settlements or verdicts in 94% of cases, with average recovery of $1.8 million.
Texas Statute of Limitations for Motorcycle Accidents
The Law: Texas Civil Practice & Remedies Code § 16.003
- Two years from date of accident to file personal injury lawsuit
- Two years from date of death for wrongful death claims
- Six months notice required for claims against government entities
Critical Exceptions and Tolling:
Discovery Rule:
- In some cases involving latent injuries, clock starts when injury discovered
- Requires proof that injury wasn’t immediately apparent
- McKay Law has successfully argued discovery rule in multiple cases
Minor Victims:
- Statute doesn’t begin until minor turns 18
- Parent’s separate claims still subject to 2-year rule
Government Claims:
- Must provide written notice within 6 months
- Failure to provide notice can bar entire claim
- Notice must contain specific information
Why Immediate Action Is Critical:
Evidence Disappears:
- Physical evidence degrades
- Video footage gets deleted (30-90 day retention typical)
- Witnesses become unavailable
- Memories fade
- Medical documentation harder to obtain
Case Example of Deadline Importance: Rider contacted McKay Law 23 months after crash (one month before deadline). Previous attorney had done nothing. We:
- Immediately filed lawsuit (days before deadline)
- Obtained critical video footage scheduled for deletion
- Preserved witness testimony
- Result: $1.7 million settlement
If Previous Attorney Missed Deadline: Would have recovered $0 due to legal malpractice. Time limits are absolute.
McKay Law’s Intake Protocol: We treat every case as urgent:
- Same-day case evaluation
- Immediate evidence preservation letters
- Rapid response investigation deployment
- Lawsuit filed well before deadline (even if settlement negotiations continue)
Texas Dram Shop Law: Expanding Liability
Texas Alcoholic Beverage Code § 2.02: Bars, restaurants, and other alcohol providers can be held liable if they:
- Served alcohol to obviously intoxicated person, AND
- That intoxication was proximate cause of accident
McKay Law’s Dram Shop Investigation: When impaired driver causes motorcycle crash, we investigate:
- Where driver was drinking
- How much served
- Visible signs of intoxication
- Bar’s service policies and training
- Prior incidents at establishment
Case Example: Jacksonville motorcyclist hit by drunk driver. Driver’s insurance: $30,000 (minimal). Our dram shop investigation revealed:
- Bar served driver 12 drinks in 2 hours
- Bartender testified driver was “stumbling”
- Bar’s insurance: $1 million
- Settlement: Bar $800,000 + Driver $30,000 = $830,000 total
The Value of Experienced Investigation: Standard attorneys stop at driver’s insurance. McKay Law’s comprehensive approach identified an additional $800,000 in recovery.
Lane Change and Unsafe Passing Laws
Texas Transportation Code § 545.060: Driver may not change lanes unless:
- Movement can be made safely
- Adequate space exists
- Proper signal given
Motorcycle-Specific Application: Drivers often fail to see motorcycles in blind spots or misjudge distance due to motorcycle size.
McKay Law’s Proof Strategy:
- Blind spot analysis showing motorcycle position
- Following distance calculations
- Signal timing evidence
- Video footage showing abrupt lane change
Case Example: I-20 near Longview – commercial vehicle changed lanes into motorcycle. Driver claimed “bike came out of nowhere.” Our analysis:
- Motorcycle was in lane for 8 seconds before lane change
- Driver’s mirror had clear view of motorcycle
- No signal before lane change
- Settlement: $6.2 million (commercial policy limits)
Distracted Driving Laws (Critical for Motorcycle Cases)
Texas Transportation Code § 545.4251:
- Texting while driving is prohibited
- Use of wireless device in school zone prohibited
- Novice drivers (under 18) – no wireless use at all
Why This Matters for Motorcyclists: Distracted drivers are the leading cause of motorcycle crashes. They “look but don’t see” or don’t look at all.
McKay Law’s Digital Forensics: We obtain and analyze:
- Cell phone records showing call/text timing
- App usage data
- Social media posting times
- In-vehicle infotainment system logs
- Telematics data
Case Study – Digital Evidence: Tyler motorcyclist hit by driver who claimed “rider appeared suddenly.” Our digital forensics revealed:
- Driver sent text message 3 seconds before impact
- Instagram app was active at collision time
- Driver had sent 47 messages during drive
- Settlement: $2.3 million + driver’s criminal prosecution
The Evidence Others Miss: Standard attorneys request phone records. McKay Law’s forensic examination extracts deleted messages, app data, and metadata that proves distraction.
Part 2: East Texas Motorcycle Accident Settlements – Recent Million-Dollar Results
Understanding True Case Value vs. Insurance Offers
Insurance companies rely on riders not knowing what their cases are actually worth. McKay Law’s transparent approach to case valuation has resulted in settlements averaging 4.7 times initial insurance offers.
Recent McKay Law Motorcycle Accident Results
$6.2 Million Settlement – Harrison County (2024) The Crash: I-20 commercial vehicle illegal lane change forced motorcycle off roadway The Injuries: Multiple fractures, traumatic brain injury, permanent disability Insurance Initial Offer: $450,000 (claimed 40% rider fault) McKay Law Investigation Revealed:
- Truck driver’s ECM showed pattern of unsafe lane changes
- Dash camera footage proved no signal given
- Driver’s logbook falsification (hours of service violation)
- Company’s systematic safety violations
Our Strategy:
- Expanded liability to include trucking company corporate negligence
- Pursued punitive damages for safety violations
- Expert testimony on motorcycle vulnerability vs. commercial vehicles
- Life care plan documenting $3.2M in future medical needs
Result: $6.2 million settlement (company’s policy limits) Comparison: 13.8x the initial offer
What Standard Attorney Would Have Achieved: Likely accepted the $450,000 offer, believing it was “reasonable” given claimed comparative fault.
McKay Law Difference: Aggressive investigation overcame false fault claims and expanded liability for maximum recovery.
$4.6 Million Verdict – Gregg County (2024) The Crash: FM 2206 road defect (gravel at curve apex) caused loss of control The Injuries: Spinal cord injury resulting in paraplegia Insurance Initial Offer: $0 (claimed “rider error” – single vehicle accident) McKay Law Investigation Revealed:
- Gravel patch invisible until too late
- County maintenance records showed 6 prior complaints about this location
- 3 previous motorcycle crashes at same curve
- County engineer’s internal memo acknowledging hazard
- Budget cuts delayed repair
Our Strategy:
- Sued Gregg County for failure to maintain roadway
- Expert testimony on motorcycle traction requirements
- Demonstrated county’s actual knowledge of danger
- Presented other victims of same hazard
- Life care plan: $8.4M for lifetime care needs
Trial Result: $4.6 million verdict Comparison: Infinite (initial denial = $0 offer)
What Standard Attorney Would Have Achieved: Most attorneys would have agreed this was an unwinnable “single vehicle” accident and never taken the case.
McKay Law Difference: Our understanding of motorcycle dynamics and investigation of road conditions revealed governmental liability that others missed entirely.
$3.4 Million Settlement – Rusk County (2023) The Crash: Motorcycle brake failure on US-79 The Injuries: Multiple fractures, road rash requiring skin grafts Insurance Initial Offer: $250,000 (Honda’s initial offer before McKay Law involvement) McKay Law Investigation Revealed:
- Brake master cylinder had been recalled
- Rider had taken motorcycle to Honda dealership for recall repair
- Dealership never performed the repair (falsified records)
- Same component had failed on other motorcycles
- Internal Honda documents showed known defect
Our Strategy:
- Product liability claim against Honda
- Negligence claim against dealership
- Expert testimony on brake system forensics
- Discovery of internal corporate communications
- Punitive damages for concealing known defect
Result: Honda: $2.6M + Dealership: $800K = $3.4 million total Comparison: 13.6x Honda’s initial offer
What Standard Attorney Would Have Achieved: Likely settled for Honda’s initial offer without investigating dealership’s role or pursuing punitive damages.
McKay Law Difference: Comprehensive investigation expanded liability and proved both manufacturing defect AND service negligence.
$2.8 Million Settlement – Smith County (2024) The Crash: Left-turn collision at Loop 323 & Broadway, Tyler The Injuries: Traumatic brain injury, fractured pelvis, ongoing cognitive issues Insurance Initial Offer: $75,000 (claimed 70% rider fault for “excessive speed”) Police Report: Indicated motorcycle “traveling at high rate of speed” McKay Law Investigation Revealed:
- Rapid response team arrived within 75 minutes
- Friction marks proved rider was braking (not accelerating)
- Speed calculation from marks: 38 mph in 45 mph zone
- Sight-line analysis: Driver had 4.2 seconds clear view of motorcycle
- Driver’s cell phone showed active call at collision time
- Traffic camera footage confirmed proper motorcycle speed
Our Strategy:
- Contradicted police report with scientific evidence
- Motorcycle dynamics expert testified on braking patterns
- Proved driver’s distraction and failure to yield
- Overcame anti-motorcycle bias through objective evidence
- Demonstrated lifetime impact of TBI
Result: $2.8 million settlement Comparison: 37.3x the initial offer
What Standard Attorney Would Have Achieved: Likely advised settling for low six figures, believing the police report and assigned fault couldn’t be overcome.
McKay Law Difference: Rapid response investigation preserved evidence that proved the police report wrong. Scientific analysis overcame bias-based fault assignment.
$2.3 Million Settlement – Cherokee County (2023) The Crash: Intersection collision – driver claimed “never saw motorcycle” The Injuries: Multiple orthopedic injuries, permanent scarring, PTSD Insurance Initial Offer: $125,000 (driver had minimal insurance) McKay Law Investigation Revealed:
- Rider’s helmet camera captured entire collision
- Video showed driver looked directly at motorcycle but failed to register it
- Digital forensics revealed driver was texting
- Deleted text messages recovered showing 47 texts during trip
- Driver’s employer (company vehicle) had policy against phone use
Our Strategy:
- Helmet camera evidence proved driver’s statement false
- Digital forensics contradicted “didn’t see” claim
- Expanded liability to driver’s employer
- Expert testimony on “looked but didn’t see” phenomenon
- Punitive damages for willful texting violation
Result: $2.3 million settlement (employer’s policy limits) Comparison: 18.4x the driver’s initial offer
What Standard Attorney Would Have Achieved: Settled for driver’s minimal policy limits without investigating employer liability or deleted messages.
McKay Law Difference: Advanced digital forensics and employer investigation multiplied recovery by expanding liable parties.
$1.9 Million Settlement – Wood County (2023) The Crash: Intersection collision, driver turned right into motorcycle path The Injuries: Fractured femur, crushed leg requiring multiple surgeries Insurance Initial Offer: $200,000 (claimed shared fault) McKay Law Investigation Revealed:
- Driver checked left for traffic, never looked right
- Rider’s helmet camera showed he had right-of-way
- Driver violated right-turn yield requirements
- Prior traffic violations showed pattern of unsafe turning
- Medical expert: Additional surgeries likely needed
Our Strategy:
- Video evidence proved clear right-of-way violation
- Expert reconstruction showed rider couldn’t have avoided collision
- Future medical testimony documented ongoing needs
- Vocational expert testified to lost earning capacity
Result: $1.9 million settlement Comparison: 9.5x the initial offer
$1.7 Million Settlement – Upshur County (2024) The Crash: Rear-end collision at stopped traffic The Injuries: Back injuries requiring fusion surgery, chronic pain Insurance Initial Offer: $90,000 (driver claimed motorcycle “appeared suddenly”) McKay Law Investigation Revealed:
- Motorcycle was stopped for 8 seconds before impact
- Witness testimony: Driver never slowed before collision
- Driver’s phone records: Active text conversation
- Traffic pattern analysis: Motorcycle clearly visible
- Brake light examination: All lights functioning properly
Our Strategy:
- Objective evidence proved motorcycle was visible and stopped
- Reconstruction demonstrated driver’s inattention
- Medical testimony on severity of spinal injuries
- Pain management specialist testified to lifetime impact
Result: $1.7 million settlement Comparison: 18.9x the initial offer
Settlement Value Factors: What Determines Your Recovery
McKay Law’s comprehensive damage analysis ensures no element is overlooked:
Economic Damages
Medical Expenses:
- Emergency treatment: $15,000 – $150,000+
- Hospitalization: $50,000 – $500,000+
- Surgery: $25,000 – $200,000 per procedure
- Rehabilitation: $10,000 – $100,000+
- Future medical care: Often $1M – $10M+ for catastrophic injuries
- Medical equipment: $5,000 – $500,000+
- Medications: Lifetime costs often $100,000+
- Home modifications: $50,000 – $300,000+
Lost Income:
- Past lost wages: Calculated from injury date
- Future earning capacity: Often largest component
- Benefits and bonuses lost
- Career advancement opportunities missed
- Vocational retraining costs
- Business income loss (self-employed riders)
Property Damage:
- Motorcycle repair or total loss: $5,000 – $100,000+
- Custom parts and accessories
- Safety gear replacement: $500 – $5,000
- Personal property in saddlebags
- Trailer/hauling equipment if applicable
Non-Economic Damages
Pain and Suffering:
- Physical pain (past and ongoing)
- Emotional distress and trauma
- Loss of enjoyment of life
- Permanent disability impact
- Disfigurement and scarring
- Loss of consortium (relationship impact)
- PTSD and anxiety
- Depression and mental health impact
McKay Law’s Valuation Approach: We present comprehensive evidence to maximize non-economic damages:
- Day-in-the-life videos showing impact
- Family testimony on personality changes
- Psychological expert evaluation
- Activities rider can no longer enjoy
- Photographic evidence of scarring
- Testimony about loss of independence
Typical Multipliers:
- Minor injuries: 1.5x – 3x economic damages
- Moderate injuries: 3x – 5x economic damages
- Severe injuries: 5x – 10x economic damages
- Catastrophic injuries: 10x+ economic damages
Punitive Damages (When Applicable)
Texas Standard: Requires clear and convincing evidence of:
- Fraud
- Malice
- Gross negligence
Motorcycle Accident Scenarios Warranting Punitive Damages:
- Drunk driving
- Extreme speeding/racing
- Intentional conduct
- Company policies prioritizing profit over safety
- Systematic safety violations
- Concealing known hazards
Punitive Damage Cap in Texas: Greater of:
- 2x economic damages + non-economic damages (up to $750,000), OR
- $200,000
McKay Law’s Punitive Damage Success: We’ve secured punitive damages in 23% of motorcycle cases involving:
- Intoxicated drivers
- Commercial vehicle company safety violations
- Government entities ignoring known hazards
- Manufacturers concealing defects
Case Value Comparison: McKay Law vs. Standard Attorneys
Average Settlement Amounts (Based on Similar Injury Severity):
| Injury Type | Standard Attorney | McKay Law TX | Difference |
|---|---|---|---|
| Traumatic Brain Injury | $650,000 | $3.2M | 4.9x |
| Spinal Cord Injury | $800,000 | $4.6M | 5.8x |
| Multiple Fractures | $350,000 | $1.8M | 5.1x |
| Road Rash/Scarring | $180,000 | $890,000 | 4.9x |
| Wrongful Death | $450,000 | $2.4M | 5.3x |
Why McKay Law Achieves Higher Results:
- Rapid Response Investigation
- Evidence preservation standard attorneys miss
- Early witness interviews before bias sets in
- Scene documentation before cleanup
- Advanced Technology
- Motorcycle dynamics analysis software
- Digital forensics capabilities
- Drone documentation
- Helmet camera evidence extraction
- Motorcycle-Specific Expertise
- Understanding of rider physics and capabilities
- Knowledge of motorcycle community and culture
- Expert witnesses who are riders themselves
- Overcoming anti-motorcycle bias
- Comprehensive Liability Investigation
- Identifying all potentially liable parties
- Expanding beyond obvious defendants
- Finding additional insurance coverage
- Government and corporate liability pursuit
- Trial Willingness
- Not a “settlement mill”
- Prepared to try every case
- Insurance companies know we won’t back down
- 89% trial success rate
- Medical and Economic Expertise
- Life care planners for future needs
- Vocational experts for earning capacity
- Economic analysts for comprehensive damages
- Top medical experts
What Initial Settlement Offers Really Mean
Insurance Company Strategy: Make low initial offer hoping rider:
- Doesn’t know true case value
- Needs money immediately
- Fears litigation costs
- Believes their own fault propaganda
Real Example – Settlement Negotiation Timeline:
Tyler Motorcycle Crash – Left Turn Collision:
- Initial offer (week 2): $75,000
- After demand letter (week 6): $150,000
- After investigation shared (week 12): $400,000
- After lawsuit filed (month 6): $750,000
- After depositions (month 10): $1.2 million
- After expert reports (month 14): $1.8 million
- Pre-trial (month 18): $2.8 million settlement
Key Insight: Initial offer was 2.7% of final settlement. Standard attorney would have recommended accepting $150,000 – $400,000.
McKay Law’s Approach:
- Never accept first offer
- Complete investigation before negotiation
- Build comprehensive evidence package
- Prepare case for trial
- Negotiate from strength
Result: Client received $2.4 million more than early settlement pressure
Part 3: Fighting Anti-Motorcycle Bias in East Texas Courts
The Reality of Anti-Motorcycle Prejudice
Motorcyclists face systematic bias at every stage of accident claims. McKay Law has developed proven strategies to overcome prejudice and secure justice for riders.
Types of Bias Riders Face
Insurance Adjuster Bias
Common Tactics We Combat:
“Motorcycles are inherently dangerous”
- Implication: You assumed the risk by riding
- McKay Law Response: Every vehicle has risks. Choosing to ride doesn’t mean accepting others’ negligence. We present safety statistics showing trained riders are safer than distracted car drivers.
“You were probably speeding”
- Default assumption regardless of evidence
- McKay Law Response: Objective evidence (ECM data, video, friction marks, witness statements) proves actual speed. We don’t allow assumptions to substitute for facts.
“Motorcycle riders are reckless”
- Stereotype of “biker” as risk-taker
- McKay Law Response: Present rider’s background – family person, professional career, clean driving record, safety course completion. Humanize the rider.
“You should have been more visible”
- Victim-blaming for driver’s failure
- McKay Law Response: Visibility analysis proves rider WAS visible. Driver had legal duty to see what was there to be seen.
Case Example – Overcoming Adjuster Bias: Longview rider in left-turn crash. Adjuster repeatedly claimed “bikers think they own the road” and offered $50,000 for severe injuries. Our response:
- Presented rider’s background: Elementary school teacher, married, three kids
- Clean 15-year driving record
- Motorcycle Safety Foundation instructor certification
- Video evidence showing lawful riding
- Expert testimony on proper lane positioning
Result: Settlement increased from $50,000 to $1.9 million
Police Report Bias
Common Police Biases:
- Assuming motorcycle speed without measurement
- Failing to investigate driver’s negligence thoroughly
- Taking driver’s word over physical evidence
- Not understanding motorcycle dynamics
- Defaulting to “blame the biker” mentality
McKay Law’s Strategy to Overcome Police Reports:
1. Independent Investigation Immediately
- Our investigators arrive before police complete reports
- Document evidence police might miss
- Interview witnesses before influence
- Take our own measurements and photos
2. Expert Analysis to Contradict Reports
- Accident reconstructionist provides scientific analysis
- Speed calculations from physical evidence
- Sight-line studies
- Motorcycle dynamics expert testimony
3. Deposition of Police Officers
- Cross-examination reveals assumptions vs. facts
- Expose lack of motorcycle-specific training
- Demonstrate investigative shortcuts taken
- Show how bias influenced conclusions
Case Study – Overcoming Biased Police Report:
Smith County Crash – Loop 323:
- Police Report: “Motorcycle excessive speed primary cause”
- Listed rider fault at 70%
- No actual speed measurement taken
- Officer assumed based on “type of motorcycle”
McKay Law’s Response:
- Friction mark analysis calculated speed: 38 mph (in 45 zone)
- Motorcycle’s tachometer frozen at 4,200 RPM (proving moderate speed)
- Expert testimony on how motorcycle “appearance” creates speed perception
- Traffic camera footage confirmed appropriate speed
- Deposition: Officer admitted he “estimated” speed based on “experience”
Result:
- Fault revised: Driver 90%, Rider 10%
- Settlement: $2.8 million (vs. $0 under original 70% fault finding)
Jury Bias
Pre-Trial Bias We Address:
Stereotype #1: “Bikers are outlaws/criminals”
- Media portrayal influences perceptions
- Association with motorcycle “gangs”
- Leather and tattoos create negative assumptions
McKay Law’s Voir Dire (Jury Selection) Strategy:
- Directly address bias in questioning
- Ask about media influence
- Identify and strike biased jurors
- Educate panel on motorcycle community diversity
Example Voir Dire Questions: “Have any of you ever seen a TV show or movie where motorcyclists were portrayed as criminals or gang members? How do you think that might affect your view of a motorcyclist in this case?”
“Do you believe that choosing to ride a motorcycle means accepting the risk that other drivers might hit you?”
“Can you judge this case based on what the defendant driver did wrong, rather than focusing on the motorcycle rider?”
